Division of Marital Assets - Fair Not Equal

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Divorce forms have been completed, interrogatories answered and each spouse is anxiously waiting for their day in court assuming the judge's decision will be in their favor.

Divorce decisions by the judge at times may seem unfair. It's a balancing act for family law judges - their goal is to divide marital assets fairly. This doesn't necessarily equate to an equal dollar and cents division of marital assets.

Problems arise when spouses can't seem to agree on anything especially the division of marital assets - each one for whatever reason feels they should receive the lion's share. The one wanting the big hunk feels he or she has been the biggest contributor to the marriage and therefore should get the biggest piece of the cake. They have launched a business successfully, bought their partner very expensive gifts and pretty much been the big bread winner during the marriage.

Normally property or an inheritance belonging to one spouse prior to the marriage will not be subject to division by the court unless in a moment of weakness  title or ownership was given to the other spouse. If this happens these assets will be tossed into the big marital asset bucket to be divided by the judge.

Judges would love to just take every itemized asset and divide it equally between husband and wife, but there are other considerations that he or she must factor into the formula. The parent who is the primary caregiver of the children will probably need the marital home. Health, age, special needs of one party and length of the marriage will be factored into his or her final decision.

Most judges feel the spouse who contributed to their partner's education or helped build the family business - deserves compensation. There remains a big difference between the two words fair and equal!

The family law judge attempts to divide marital assets fairly, but that certainly doesn't always mean equally. Usually when the divorce is contested and the couple has accumulated a lot of marital assets, someone is going to walk out of court feeling the world is against them.

In fact they'll feel abused, misused and be angrier than h---. Before this happens consider talking to a financial planner, tax attorney or have a consult with a divorce attorney.

As Always,
Little Tboca
www.caseboss.com